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<section article="gcj" article_name="Courts and Judicial Proceedings" number="5-509" title_number="5" title_name="Limitations, Prohibited Actions, and Immunities" subtitle_number="5" subtitle_name="Immunities and Prohibited Actions -- Governmental">
  <level label="a">
    <text>In this section, “official” includes a member of the governing body of a special taxing district.</text>
  </level>
  <level label="b">
    <text>This section applies to a special taxing district that:</text>
    <level label="1">
      <text>Is a unit of government responsible for an area situated solely within a single county;</text>
    </level>
    <level label="2">
      <text>Has a governing body elected independently of the county government;</text>
    </level>
    <level label="3">
      <text>Is financed with revenues secured wholly or partly from special taxes or assessments imposed on real property situated in the district;</text>
    </level>
    <level label="4">
      <text>Performs municipal services for the residents of the district; and</text>
    </level>
    <level label="5">
      <text>Was not created for a limited or special purpose.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>Subject to paragraph (2) of this subsection, an official of a special taxing district, while acting in a discretionary capacity, without malice, and within the scope of the official’s authority, is immune in an official or individual capacity from civil liability for any act or omission.</text>
    </level>
    <level label="2">
      <text>An official of a special taxing district is not immune from liability for negligence or any other tort that arises from the operation of a motor vehicle except as to any claim for damages in excess of the limits of any applicable policy of motor vehicle liability insurance.</text>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>Subject to paragraph (2) of this subsection, a special taxing district shall provide a defense for an official of the special taxing district for any act or omission that is without malice and that arises within the scope of the official’s authority.</text>
    </level>
    <level label="2">
      <text>A special taxing district shall provide only a defense for an official of the special taxing district for negligence or any other tort that arises from the operation of a motor vehicle as to any claim for damages in excess of the limits of any applicable policy of motor vehicle liability insurance.</text>
    </level>
  </level>
  <level label="e">
    <text>A special taxing district may spend revenues for the purposes specified in this section.</text>
  </level>
</section>
